On
June 17, 2003, a hearing in this matter was held before a duly-convened panel
from the Third District Committee – Section II, consisting of Richard
Keith Newman, Esquire, Mr. John B. Daly, lay member, John Tracy Walker, IV,
Esquire, William Jacob Viverette, Esquire, Thomas Ogburn Bondurant, Esquire,
and Cary Atwood Ralston, Esquire, Chair. The bar appeared by its Special Counsel,
Christopher C. Spencer and Robyn P. Ayers, and by its Assistant Bar Counsel
Paul D. Georgiadis. The Respondent, James Grandison Harrison, III, was present
and was represented by Charles F. Witthoefft, Michael L. Rigsby, and Rodney
A. Smolla. Pursuant to Virginia Supreme Court Rules of Court Part Six, Section
IV, Paragraph 13. H. 2. l.(2)(c), the Third District Committee, Section II,
of the Virginia State Bar hereby serves upon the Respondent, James Grandison
Harrison, III, the following Dismissal with Terms.

I. FINDINGS OF FACT

1. At all times material to
these allegations, the Respondent, James Grandison Harrison, III, hereinafter
“Respondent”, has been an attorney licensed and in good standing
to practice law in the Commonwealth of Virginia.

2. Respondent and his firm
Marks & Harrison, caused to be broadcast throughout Central Virginia a
television advertisement for legal services entitled “The Trainer”.
Respondent is identified in text appearing in “The Trainer” advertisement
as the attorney responsible for the content of this advertisement pursuant
to RPC 7.2(e).

II. NATURE OF MISCONDUCT

Such
conduct on the part of Respondent constitutes misconduct in violation of the
following Rule of the Virginia Rules of Professional Conduct:

(a) A lawyer shall not, on behalf
of the lawyer or any other lawyer affiliated with the lawyer or the firm,
use or participate in the use of any form of public communication if such
communication contains a false, fraudulent, misleading, or deceptive statement
or claim.

III. DISMISSAL WITH TERMS

Finding
a violation of the aforesaid Rule of Professional Conduct, the Committee is
dismissing this matter with terms, the compliance
with such terms being a predicate for dismissal of this complaint. The following
terms and conditions shall be met on or before 45 days from the service
of this order upon Respondent, with service of this document deemed effective
and served on the date when mailed to Respondent by certified mail, return
receipt requested:

All
current and future advertisements of the same nature as those introduced in
evidence at the hearing shall:

1)
contain the following disclaimer:

Dramatization
by actors. The outcome of your case depends on its facts and merits and is
not guaranteed. No comparison with other lawyers is stated or implied.

2)
The disclaimer shall appear in a type size that is at
least five percent of the entire vertical broadcast signal, and the text of
the disclaimer shall be of a color that contrasts with the background so that
each word is clear and legible, and displayed for at least five seconds.

If,
however, Respondent fails to comply with one or both of the specified terms
within the time set forth, the Third District Committee, Section II, shall
impose a Public Reprimand. If an issue arises about the Respondent’s
compliance with the terms, the district committee shall conduct a hearing
as to whether the Respondent has fulfilled the terms and whether the alternate
sanction of a Public Reprimand should be imposed. The Respondent will have
the burden of proof at any such hearing.

Pursuant
to Virginia Supreme Court Rules of Court Part 6, Section IV, ¶ 13(B)(8)(c),
the Clerk of the Disciplinary System shall assess costs.

THIRD
DISTRICT COMMITTEE - SECTION II

OF
THE VIRGINIA STATE BAR

By:
_____________________________________

Cary Atwood Ralston

Chair

CERTIFICATE
OF SERVICE

I
certify I have this the _____ day of _________________, 2003, mailed by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true and correct copy of the District Committee
Determination (Dismissal with Terms) to the Respondent, James Grandison Harrison, III, 320 East
Broadway, Hopewell, Virginia, 23860, hislast address of record with the Virginia State Bar,
and via First Class U.S. Mail, postage pre-paid, to Respondent’s counsel,
Charles F. Witthoefft, Esquire, Hirschler Fleisher, P.C., P.O. Box 500, Richmond,
Virginia 23218-500, to Rodney A. Smolla, Dean and Professor of Law, The T.C.
Williams School of Law, University of Richmond, Virginia 23173, and to Michael
L. Rigsby, Carrell, Rice & Rigsby, 7275 Glen Forest Drive, Suite 309,
Richmond, Virginia 23226.